Injustice Delayed and Justice Denied
www.cyberclass.net/meddinjustice.htm
James-Brad: Medd was the first name listed on the docket of 16 names to be heard by the Ontario Court of Appeal at commencing at 10:30 AM in Room 10 at Osgoode Hall, 130 Queen St., Toronto, Ontario on Tuesday, May 21st, 2002. and James-Brad: Medd was the last person to have 'justice denied' on that day at 5:40 PM when Associate Chief Justice Dennis O'Conner said: "We are not persuaded, the Appeal is dismissed."
I had arrived at Osgoode Hall at 9:00 AM on Tuesday, May 21st, 2002. I found the listings for the Appeal Court behind the glass in the lobby. There were 16 appeals to be heard before these three Honourable Justices: (1) The Honourable Chief Justice Dennis O'Conner (2) The Honourable Madam Justice Eleanore Cronk (3) The Honourable Justice Robert Armstrong.
When James-Brad: Medd entered the courtroom at 10:28 AM his son had an audio recorder and a microphone. One of the court clerks came over and said that there would be no recordings allowed. Wally: Dove had provided Brad with the section from the Court Rules which permits any person to make a tape recording of your own court proceedings for your own personal notes.
'You have the right to record the proceedings for purposes of your own notes without even obtaining the court's permission in accordance with Section 136 (2) (b) of the Ontario Courts of Justice Act. This was approved by the Ontario Courts Advisory Council on April 10, 1989.'
The court clerk took Brad's notes back to the Judges' Chambers. When he returned he told Brad that it would be OK for him to ask the Judges if he could tape his own proceedings. (Note: A Court Clerk first told Brad that there would be NO taping allowed. When Brad produced evidence that he knew the law the Court Clerk consulted the Judges and changed his mind. It certainly seems that an effort is made at every level to deny justice - if the citizen is not fully aware of his/her rights.)
Throughout the morning, other appeal cases were called, heard and 90% of them were dismissed. In mid-afternoon, James-Brad: Medd's name was called but at that moment Brad was out of the courtroom so the Judges quickly moved on to another appeal case. Not until 4:15 PM was James-Brad: Medd called to present his Appeal case. (Note: Brad had been expecting to have 4 hours to present an abundance of information to the Appeal Court. Not until he arrived at Osgoode Hall on Tuesday morning did he realize that he would have approximately 30 minutes to present his arguments for justice. Therefore, he had to adjust his presentation significantly.)
In summary, this is what James-Brad: Medd said to the three
Judges:
"I was prepared to argue for four hours. There is just not enough time but I
would like to address some issues. I've been in court for four years and I have
yet to have the court accept my basic evidence. In most instances, my material
has sat in boxes on the floor in the courtroom.
I started off without a lawyer believing that I could win on all of the evidence that I had collected. Then I hired a lawyer and even he was unable to present the evidence. I am going to rely on the Tran case from this Court."
(Note: The Tran Case from the Ontario Court of Appeal establishes that it is the duty of the Judge and the Crown to assist an unrepresented accused. Transcripts of Brad's original trial showed clearly that this did not happen. In fact, in the original trial and in the Appeal at the Ontario Superior Court, the Judges were Brad's enemy. On this point alone, Brad had a good case for his Appeal at the Ontario Court of Appeal to be upheld as the Tran decision was the decision of the Judges at the Ontario Court of Appeal.)
Brad continued:
"It seems that there was even reluctance to have the transcript made. I feel that the system has failed me. I am asking this Court of Appeal to drop the charges because I have not had an opportunity to bring forth the evidence.
I have always showed up on time and tried to make arguments. Time has moved on over the past four years and here I am today at the Ontario Court of Appeal.
I have brought forth many arguments: genocide, the Nuremburg Trial decision, and many additional documents. No Judges seemed to be at all interested in the Constitutional issues that I was attempting to raise.
I refer you to page 13 of the transcript where my Lawyer, Michael Swinwood says: 'Not once did the judge address the twelve arguments that Mr. Medd put in front of him, which were: the first one I started off with. Direct violation of the Statute of frauds. The second one was that he was not compelled to give evidence, the third one he advanced was that it's private legislation and not public. The fourth one he advanced was that he felt that the way that it was handled by the department involved threats and extortion. The fifth argument he advanced was that there was no power of direct taxation and the sixth ...'
How could Judge Chester render a fair decision on 51 points of law in 10 minutes while at the same time having some of the documents photocopied? My lawyer, Mr Swinwood has an awful time trying to present arguments to Justice MacLean. It's been like this at every court level since I got started. Mr. Swinwood clearly states that he did not get a fair ruling in having the evidence heard.
No where did the Trial Judge and the Prosecuting Attorney assist the defendant. I am asking for a dismissal of the charges in this case because after four years I am still at first base. There are very complex issues here re: decisions made at the Nuremberg Trials and they should have been clearly dealt with. The system has let me down. The most that I have been able to introduce is a statement that I read into the court record and then gave to Justice Chester."
Chief Justice Dennis O'Conner said: "Thank you Mr. Medd."
Then the three judges retired to their chambers at 4:30 PM. They
returned at 4:37 PM and The Honourable Chief Justice Dennis O'Conner asked some
questions:
"We would like to know what it was that the Trial Judge did not help you with?"
"Did you ask the Trial Judge if you could enter the evidence?"
"Are you suggesting that the Trial Judge refused to enter the evidence?"
"Did any witnesses give evidence?"
"Your complaint is that the Trial Judge did not consider the evidence?"
"Your complaint is that the Trial Judge did not address the points you raised?"
"Later, did your lawyer ask to call evidence and was he denied?"
"Is there anywhere in the record where the Trial Judge prevented you from entering evidence?"
At 4:47 PM Justice O'Conner directed Brad to look through the transcript to find evidence where the Trial Judge precluded him from entering evidence. Then they moved on to deal with another Appeal.
At 5:20 they resumed with James-Brad: Medd's Appeal.
Brad again pointed out that as an ordained minister he made an great effort to raise the matter of genocide as an argument whereby we-the-people must not be forced to support a society that is supporting the making and distribution of weapons of mass murder. Brad summarized his arguments saying that it is the Judge's duty to counsel when there is no lawyer.
Then the Honourable Justice Eleanore Cronk asked: "Mr. Medd, did you read into the Court record that statement that you referred to earlier?" Brad answered 'Yes.' Then the three Judges retired to their Chambers at 5:26 PM They returned at 5:36 PM and The Honourable Chief Justice Dennis O'Conner said: "We are not persuaded. The Appeal is dismissed."
Court adjourned at 5:40 PM.
Note: In summary, the 'injustice' was delayed until the end of the day as I had predicted would happen and 'justice' was denied as is commonplace with almost all challenges against CCRA.
James-Brad: Medd will proceed to the Supreme Court of Ontario with his Appeal. He is in the process of doing the research to find out the deadlines and which procedures to follow to file the necessary paperwork. This Appeal may very well not be heard until sometime in 2003. Background information is posted at the Medd Cyberclassroom: www.cyberclass.net/medd.htm
Brad's email address is:
echojack7@hotmail.com
His fax and telephone number is: 1.705.887.5168
His address is: R.R. No. 1, Cameron, Ontario KOM1G0